Legal aid ‘letting down vulnerable’
Faculty of Advocates calls for shake-up to system
PEOPLE accused of the most serious crimes are at risk of losing access to legal representation unless legal aid is fundamentally reformed, according to the body representing Scotland’s top lawyers.
Urgent improvements to the system of free access to lawyers for those who find themselves in the dock are needed to avoid a “race to the bottom” in the quality of the advice given, said the Faculty of Advocates.
It came as the deadline closed last night for evidence to be submitted to a governmentlaunched review of legal aid.
The faculty said some of the poorest and most vulnerable people were being let down by a system which was set up to safeguard their rights.
Advocates are turning their backs on legal aid work because of the pay rate, which has fallen significantly in the past decade.
“The new fee structure, established in 2006, was intended to undergo triennial review but this has not occurred to date, in the face of continuing budgetary constraints,” the faculty said.
It added: “Unless this matter is addressed with urgency, the consequence over time will be a diminution in the quality of representation generally and, potentially, the eventual disappearance of advocates as pleaders in the most serious cases.
“No one can take any pride in presiding over a ‘race to the bottom’… the standard of representation is high but will only remain so if the commitment to support that representation is maintained and financial arrangements are improved.
“There is a strong ethos among advocates of ‘serving the public’ in the practice of criminal defence at the highest level. It is a service which should not be taken for granted.”
The faculty looked at the impact of legal aid on criminal law, family law and immigration and asylum law.
It said the review’s aim should be to ensure protection for people’s right to legal representation.
Its submission said: “Legal aid allows us to provide services to those who cannot employ an advocate from their own resources. Without our assistance, vulnerable members of society would be facing serious personal and social issues with- out the benefit of skilled advice and representation.”
“We consider it is important that legal aid continues to be available for the instruction of counsel in all cases where the state seeks to ‘interfere’ in the family lives of socially vulnerable people, in order to ensure protection of one of the most basic human rights, the right to respect for family life.”
During the past five years the amount of legal aid paid in Scotland has dropped by almost £30 million and there has been a 40,000 fall in the number of eligible cases coming to court.
The Scottish Legal Aid Board said the faculty’s comments were “useful”, adding: “We continue to have regular discussions with them to identify areas within the 2006 table of fees that no longer reflect court processes or practice as well as they could.”
A Scottish Government spokesman said: “The right to legal aid must be available to everyone, and we announced an independent and comprehensive review in February this year to ensure that legal aid meets the changing needs of Scotland’s justice system.”
Martyn Evans, chief executive of the Carnegie Trust, is leading the review, which is due to report back next year.
Unless this is addressed, the consequence will potentially be the eventual disappearance of advocates as pleaders in the most serious cases